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Does a Dirt Road Count as a "hard surfaced highway"?

Broc

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I am not looking at recreating shooting, I am a member at 4 ranges. This wuestion is more out of curiosity.

Does the 150 feet from a road, when shooting, also apply to dirt roads that appear on maps?

Southern MA has a lot of wooded areas with dirt roads cars can drive on, I have been to a few, most of these are beat to sh*t from poor maintenance, but they show on Google Maps.


Section 58. A person shall not discharge any firearm or release any arrow upon or across any state or hard surfaced highway, or within one hundred and fifty feet, of any such highway, or possess a loaded firearm or hunt by any means on the land of another within five hundred feet of any dwelling in use, except as authorized by the owner or occupant thereof.

Is a dirt road a hard surfaced highway?
 
I think you're talking about Functional Classification, an attribute assigned at the fed and state level.

Functional classification link to this section

Functional classifications (FC) are determined using a set of criteria selected by the Federal Highway Administration (FHWA). These criteria include not only the physical attributes of the road but also efficiency of travel, number of access points, speed limits, route spacing, actual usage, and continuity. This can lead to quite different classifications for roads that appear similar. For example, a six-lane divided road in an urbanized area may be a Collector (Primary Street); a two-lane road through the middle of a town may be a principal arterial (Major Highway).

Functional classification is a national standard, but functional classification maps are published by state departments of transportation. Links to functional classification maps for each state can be found on the functional classification page.

Here's a data source for Mass maps

 
I don't think a dirt road has a hard surface. I think that's common sense: the defining characteristic of a dirt road, in my mind, is that it's NOT hard-surfaced.

But then, I'm not a LEO or a DA in Massachusetts. So I assume they'd huckle you and then set about proving me wrong. They'd probably succeed, depending on the judge.
 
I don't think a dirt road has a hard surface. I think that's common sense: the defining characteristic of a dirt road, in my mind, is that it's NOT hard-surfaced.

But then, I'm not a LEO or a DA in Massachusetts. So I assume they'd huckle you and then set about proving me wrong. They'd probably succeed, depending on the judge.
Just drive on the road in late March, early April. You will quickly determine hardness of surface. (Note: bring come along and very long cable)
 
There is usually a "No Snipers Allowed" sign nearby so proceed with caution and conform.
 
Y'alls eastern Mass is showing.

30% of the road mileage in my town is year round access, town maintained dirt road. These are indeed considered hard surfaced for the purposes of MGLs, hunting regs and town bylaws. - with the key being town maintained, no matter how poorly.
 
Y'alls eastern Mass is showing.

30% of the road mileage in my town is year round access, town maintained dirt road. These are indeed considered hard surfaced for the purposes of MGLs, hunting regs and town bylaws. - with the key being town maintained, no matter how poorly.

Well, you learn something new every day!
 
There is a town maintained road in Wayland mostly paved, with a partial dirt segment that abuts a section of Great Meadows NWR (hunting allowed by permit zone). The unpaved section would be covered by Section 58. No citations issued that I know of, but one tree stand was moved after a neighbor complained about distance.
 
Y'alls eastern Mass is showing.

30% of the road mileage in my town is year round access, town maintained dirt road. These are indeed considered hard surfaced for the purposes of MGLs, hunting regs and town bylaws. - with the key being town maintained, no matter how poorly.
This is the definition in most familiar with. Is it a publicly maintained road?
 
If it’s the roads I think you are talking about, despite the shitty condition, the absolute need for a high ground clearance vehicle and the fact there is no cell service, I would say that they are a no go for hunting by them.
 
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